Canada Consumer Product Safety Act

Preamble

Whereas the Parliament of Canada recognizes the objective of protecting the public by addressing dangers to human health or safety that are posed by consumer products;

Whereas the Parliament of Canada recognizes that the growing number of consumer products that flow across the borders of an increasingly global marketplace make the realization of that objective a challenge;

Whereas the Parliament of Canada recognizes that along with the Government of Canada, individuals and suppliers of consumer products have an important role to play in addressing dangers to human health or safety that are posed by consumer products;

Whereas the Parliament of Canada wishes to foster cooperation within the Government of Canada, between the governments in this country and with foreign governments and international organizations, in particular by sharing information, in order to effectively address those dangers;

Whereas the Parliament of Canada recognizes that, given the impact activities with respect to consumer products may have on the environment, there is a need to create a regulatory system regarding consumer products that is complementary to the regulatory system regarding the environment;

Whereas the Parliament of Canada recognizes that a lack of full scientific certainty is not to be used as a reason for postponing measures that prevent adverse effects on human health if those effects could be serious or irreversible;

And whereas the Parliament of Canada recognizes that the application of effective measures to encourage compliance with the federal regulatory system for consumer products is key to addressing the dangers to human health or safety posed by those products;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Marginal note:Short title

INTERPRETATION

Marginal note:Definitions

“advertisement” includes a representation by any means for the purpose of promoting directly or indirectly the sale of a consumer product.

“analyst”

« analyste »

“analyst” means an individual designated as an analyst under section 29 or under section 28 of the Food and Drugs Act.

“article to which this Act or the regulations apply”

« article visé par la présente loi ou les règlements »

“article to which this Act or the regulations apply” means

(a) a consumer product;

(b) anything used in the manufacturing, importation, packaging, storing, advertising, selling, labelling, testing or transportation of a consumer product; or

(c) a document that is related to any of those activities or a consumer product.

“confidential business information”

« renseignements commerciaux confidentiels »

“confidential business information” — in respect of a person to whose business or affairs the information relates — means business information

(a) that is not publicly available;

(b) in respect of which the person has taken measures that are reasonable in the circumstances to ensure that it remains not publicly available; and

(c) that has actual or potential economic value to the person or their competitors because it is not publicly available and its disclosure would result in a material financial loss to the person or a material financial gain to their competitors.

“consumer product”

« produit de consommation »

“consumer product” means a product, including its components, parts or accessories, that may reasonably be expected to be obtained by an individual to be used for non-commercial purposes, including for domestic, recreational and sports purposes, and includes its packaging.

“danger to human health or safety”

« danger pour la santé ou la sécurité humaines »

“danger to human health or safety” means any unreasonable hazard — existing or potential — that is posed by a consumer product during or as a result of its normal or foreseeable use and that may reasonably be expected to cause the death of an individual exposed to it or have an adverse effect on that individual’s health — including an injury — whether or not the death or adverse effect occurs immediately after the exposure to the hazard, and includes any exposure to a consumer product that may reasonably be expected to have a chronic adverse effect on human health.

“document”

« document »

“document” means anything on which information that is capable of being understood by a person, or read by a computer or other device, is recorded or marked.

(e) a government of a foreign state or of a subdivision of a foreign state; or

(f) an international organization of states.

“import”

« importer »

“import” means to import into Canada.

“inspector”

« inspecteur »

“inspector” means an individual designated as an inspector under subsection 19(2).

“manufacture”

« fabrication »

“manufacture” includes produce, formulate, repackage and prepare, as well as recondition for sale.

“Minister”

« ministre »

“Minister” means the Minister of Health.

“person”

« personne »

“person” means an individual or an organization as defined in section 2 of the Criminal Code.

“personal information”

« renseignements personnels »

“personal information” has the same meaning as in section 3 of the Privacy Act.

“prescribed”

Version anglaise seulement

“prescribed” means prescribed by regulation.

“review officer”

« réviseur »

“review officer” means an individual designated as a review officer under section 34.

“sell”

« vente »

“sell” includes offer for sale, expose for sale or have in possession for sale — or distribute to one or more persons, whether or not the distribution is made for consideration — and includes lease, offer for lease, expose for lease or have in possession for lease.

“storing”

« entreposage »

“storing” does not include the storing of a consumer product by an individual for their personal use.